When do Wills Become Public Record?

A will is a legal document that outlines how a person wishes for their property to be distributed after they pass away. A will helps ensure a person's wishes are carried out, and that their loved ones are taken care of. But what happens to a will after a person dies? When does a will become public record?

Wills typically become part of the public record after a person's death. This is because the validity of a will is decided in a special type of court known as probate court. Probate courts determine what happens to a person’s property after the person’s death. While not everyone has a will, if a person does have a will, probate court will decide if the will is valid. Once a will is filed with the probate court, it becomes part of the public record. This means that anyone can access the document and view its contents.

The timeline for when a will goes to probate court and becomes public record depends on state-specific law. It can also depend on how quickly the will is filed with the probate court.

However, there are some exceptions to wills becoming public records. The executor of the deceased person’s estate (the person who represents the deceased person’s interests in court) may request the probate court to redact sensitive information from the will or keep the will private. It is up to the court to grant or deny these requests.

When do Wills Go to Probate?

A will should generally be filed with the probate court very soon after a person dies. The deadline for when a will must go to probate depends on the state. Some states impose deadlines as soon as ten days after death, while others grant years in certain circumstances. Depending on state law, the deadline for filing a will might start counting from a person’s death, or from when the person filing the will learns of the death.

Additionally, some estates do not need to go to probate court at all. Small estates can sometimes be settled out of court. For example, in California, estates worth less than $150,000 can be settled out of court. Also, a person's assets that are held in trusts or have beneficiaries designated (such as a life insurance policy), may not need to go through probate. In these cases, information about these assets will not become public record.

It is also worth noting that an individual might be able to make their will private by making it a “pour-over will.” This is a will that “pours over” assets that were not already in a trust into a trust after death. If an estate is settled outside of probate court, there is a better chance that it will not become public record.

Are Wills Ever Public Record Before Death?

Wills are considered private documents before a person’s death. They should be kept by the owner of the will or their lawyer to keep private until the person’s death.

However, some states will allow a person to seek a court ruling that their will is valid before the person’s death. This can give a person peace of mind that their wishes will be carried out when they pass away. If a person seeks this type of judgment from a court, their will becomes a court record and can be viewed by the public. This type of proceeding is known as “living probate,” but it is not available in every state.

Why do Wills Become Part of the Public Record?

Wills become part of the public record to allow for any potential creditors or heirs to let the court know of any claims to the deceased person’s property. Additionally, it serves as a way to ensure that the will is the most recent document reflecting the deceased person’s wishes. It allows others to share information if they know there is a more up-to-date version of a will.

Speak with a family or estate planning lawyer if you have concerns about your will and the probate process. If you do not know where to begin searching for a lawyer to address your concerns about wills and probate, research online services such as Legal Zoom, Rocket Lawyer, or similar websites. Other free and affordable online resources, such as templates, are available online. However, speaking to a lawyer is the best way to ensure that a will is valid, or to ensure that you obtain the level of privacy you desire.